Conditions of use

1. GENERAL:

The buyer acknowledges that just by the placing of an order he has read and accepted our conditions of sale, without any reservation. Our production and deliveries are subject to the conditions here under which prevail over the conditions contained in any other document of the buyer.

2. PRICES:

The prices applicable are those of the price list in force on delivery date. They are quoted as delivery at our factory and packaging is to be added on top. The present condition may not apply to special orders requiring particular specifications leading to revision of price according to economic conditions. Any order fewer than 100 Euros net before tax and before delivery costs shall be subject to an additional 25Euros before tax, as administration fee.

3. REGISTRATION OF THE ORDER:

All orders in writing, verbal or by telephone shall only be validated when confirmed by written acknowledgment of receipt. Subsequent modifications to that receipt shall only be valid when expressly confirmed by our written consent. For any first order from a new client, payment must be made by bank transfer or cheque before shipment.

4. DELIVERY TIME:

The delivery period suggested in our proposals is only indicative. Delays shall not give a right to damages, interests, penalties or cancellation of the order except if expressly mentioned on our acknowledgment of receipt.

5. TRANSFER OF RISK:

Whatever mode of transport is used for our products, the risks and perils are borne by the consignee. It is the duty of the buyer to take all necessary measures and precautions with the carrier, in accordance with Article 100 of the French code of commerce. Deliveries to third parties are made at the responsibility of the buyer.

6. CANCELLATION OF ORDER:

Any cancellation of order by the client, if subsequent r to our acknowledgment of receipt, shall not be accepted if initial steps have been taken for supplies and manufacturing. All expenses involved shall be billed accordingly (including but not limited to: tooling equipments, components, raw materials, working hours spent on the project...).

7. GUARANTEE:

Designations and characteristics mentioned in the catalogue are only indicative. They can be modified without notice and without obligation to inform our clients. All appliances made by EUROSTEAM are guaranteed for 2 years, except for the batteries which are not under our guarantee. The present guarantee covers manufacturing defects or faulty materials and it will be limited to supplying the parts that we acknowledge as faulty. Our guarantee excludes: Used parts or deterioration related to normal usage of the machine. Modified parts. Materials used in breach of the recommendations in the user’s manual. Materials used under abusive conditions or not regularly maintained. Deterioration resulting from negligent usage: chocks, falls, crushing. Our guarantee does not cover accidents resulting from normal use, from deterioration or from faulty or improper use of the machine. A claim under this guarantee does not allow, in any case, suspension of payment or delay in the settlement date. All claims for errors, missing parts or apparent defect must be made in writing within 8 days of receipt of the merchandise by the client. For special orders as custom-made on plan or to clients’ specifications, our guarantee is limited to the clients’ instructions and good execution of our work. Our guarantee does not apply to appliances which have been modified or used outside normal conditions.

8. RETURN OF MERCHANDISE:

Return of merchandise still under guarantee can only occur after written acceptance by EUROSTEAM. Any other return of new unused merchandise shall not be accepted without our prior acceptance and then in the conditions that it had been received by the client within the last 3 months at the most. Merchandise must be returned in its original condition and packaging. A 20% fee will be retained on the payment and the cost of return shipping shall be at the sender’s expenses.

9. PAYMENT:

The only conditions of payment are those stipulated in our offers and confirmed or modified in our acknowledgment of receipt. Under the articles of Law No 2008-776 of 4 august 2008, called the LME law, every bill must be settled within 45 days from the end of the month or within 60 days net from the billing date. We shall offer a 1% discount for early payment within 14 days from the billing date. Every amount unpaid on the due date will entail the application of: - Additional interest at 3 times the legal rate per year. By compliance with the law 2012-1115 of October 2, 2012 a fix penalty of 40 € will bee apply. - Immediate payment of all bills not yet due, even upcoming accepted draft. Failing one single payment on the due date, we reserve the right: -to demand immediate payment for all orders remaining in account; -to demand immediate return of delivered merchandise; -to stop delivery, to cancel orders in process or to be delivered and to initiate legal procedures to obtain payment by the fastest means. The fact of a closure of the balance sheet or bankruptcy makes this last provision immediately applicable. In case of litigation for payment, a compensation payment of 20% shall apply to all remaining amounts due, as a penal clause. We reserve the right to modify the conditions of payment for current or future orders if the bank drafts have not been paid within 15 days after being sent.

10 – RESERVATION OF TITLE:

After delivery, the merchandise remains our property until final payment of the total billed price. Within this period, the client remains responsible for any damage which might be caused to the merchandise. If payment conditions are not complied with by our client we can demand the return of the merchandise at the expense of the client until full payment or by rightfully cancelling the contract. Furthermore, prior to each delivery, we reserve our right to obtain a certificate of reservation of title applicable until full payment of the amount due. For sales outside France, the transfer of title and risk to the client shall be governed by the INCOTERMS presently in force.

11 – JURISDICTION:

In case of dispute or points in contention not being settled amicably, the Tribunal of Commerce of Rouen is the only competent jurisdiction. In case of international sale and unless there is except express written agreement to the contrary, the applicable law is the Law of France.

12 – INTERPRETATION:

In case of any difference of interpretation between this English translation of the General Conditions of Sale and the original Conditions Generales de Vente , then the wording of the French Conditions Generales de Vente shall prevail.